May 2021

RETRENCHMENTS – THE WHATs, WHENs AND HOWs Webinar

Justine presented a webinar in association with BAN discussing retrenchment which was hosted by Shane Webb. In the webinar, Justine discussed understanding the mechanism to safely and fairly reduce the size of one’s workforce to cut costs, or to restructure an existing organization to improve efficiencies is critical to all business owners, particularly in these […]

May 2021

COVID-19 WORKPLACE HEALTH AND SAFETY PROTOCOLS MUST STILL BE TAKEN SERIOUSLY

Eskort Limited // Stuurman Mogotsi and 2 others JR1644/20 [2021] ZALCJHB 53 Introduction While many South Africans may have become desensitised to the current COVID-19 pandemic, the legislation implemented to protect employees within the working environment is still very much in force and must at all times be adhered to by employers and employees. The […]

May 2021

RETRENCHMENT – DOES A FAILURE TO ACCEPT A CHANGE TO TERMS AND CONDITIONS OF EMPLOYMENT RESULT IN AN AUTOMATICALLY UNFAIR DISMISSAL?

National Union of Metal Workers of South Africa vs Aveng Trident Steel and another [2021] 1 BLLR 1 (CC) Introduction Does the refusal by an employee to accept a change to terms and conditions of employment as an alternative to retrenchment constitute a “refusal to accept a demand in respect of any matter of mutual […]

May 2021

RESIGNATION WITH IMMEDIATE EFFECT TO ESCAPE DISCIPLINARY ACTION

Standard Bank of South Africa Ltd v Nombulelo Cynthia Chiloane [2021] 4 BLLR (LAC) The employee mistakenly processed a fraudulent check resulting in the loss of approximately R30 000.00 for which the employer was held liable. The employer issued the employee with a notice to attend a disciplinary hearing whereafter the employee handed in her […]

Mar 2021

The Uber SA Case

Justine Del Monte was interviewed on Power FM and Smile FM regarding the Uber SA case of whether drivers are employees or not, and thus have rights to any more benefits. Please listen below: Power FM https://www.gate5.co.za/read/119512/qv/91351527/17479321/32579/p Smile FM https://www.gate5.co.za/read/119512/qv/91359101/17479464/32579/p If you have any questions related to this case please contact our offices at 021 […]

Dec 2020

LOCKDOWN PROS & CONS

PROS AND CONS EXPERIENCED BY EMPLOYERS AND EMPLOYEES DURING LOCKDOWN We can say with a great amount of certainty that when President Ramaphosa informed the country of the national lockdown most employers and employees were unprepared for the challenges associated with the lockdown. Notwithstanding the challenges, many companies found their footing a few months down […]

Dec 2020

DOMESTIC WORKERS

LEGISLATIVE AMENDMENTS GEARED TO PROTECTING DOMESTIC WORKERS Domestic workers (“dw“) and their contributions toward the growth of South Africa and its economy has previously not been recognised. Unfortunately, most dw are faced with poor employment conditions, are not properly remunerated for their work and generally undervalued. There does now however appear to be a shift […]

Dec 2020

ATTORNEY VS ADVOCATE

HOW TO BECOME AN ATTORNEY OR ADVOCATE AND THEIR DIFFERENCES To become an attorney, one must first complete a Batchelor of Laws (LLB) degree at a recognised university in South Africa. Thereafter one must secure articles of clerkship, a form of an internship, at a practising law firm as a candidate attorney or clerk. Articles […]

May 2020

CCMA Advisory Notice

The CCMA confirms that while it is still unable to re-open its doors to the public it continues to perform its functions via email, telephone and web-based platforms. Please read their advisory notice below:

Apr 2020

CLAIM UIF FOR FOREIGN NATIONAL EMPLOYEES

NATIONAL LOCK DOWN: EMPLOYERS RESPONSIBILITY TO CLAIM UIF FOR THEIR FOREIGN NATIONAL EMPLOYEES AND RELATED VISA ISSUES The South African government has implemented the National Disaster Benefits Fund (“the Fund”) which is aimed at providing limited financial support to employees affected by the implementation of the lock down. The Fund is administered through the Unemployment […]

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